Emerging Trends in Illinois Divorce Law

Illinois divorce law has evolved rapidly in recent years, reflecting legislative reforms, court decisions, technological advances, economic pressures, and cultural shifts. The following sections outline key trends and developments shaping divorce proceedings in Illinois today.

Legislative Changes in Divorce Statutes

No-Fault Divorce and Simplified Grounds: Illinois has fully embraced no-fault divorce. Since a major overhaul (Senate Bill 57) took effect, spouses no longer have to allege specific grounds like adultery or cruelty – irreconcilable differences is the sole ground for divorce. This move eliminated the old fault-based system, reducing the need to air personal grievances and streamlining the process. A prior requirement of a six-month separation can be waived if both parties agree, allowing divorces to proceed without lengthy separation when both spouses consent.

Modernized Child Custody Terminology: Illinois law reworked traditional custody concepts to focus on the best interests of the child. The terms “joint custody” and “visitation” have been replaced with allocation of parental responsibilities (decision-making authority over issues like education, healthcare, etc.) and parenting time (the schedule of time with each parent). This 2016 reform was more than semantic – it encourages a cooperative co-parenting mindset rather than a win/lose custody battle. Decision-making can be split or shared, and parenting time plans must detail holidays, birthdays, and daily schedules with an eye toward the child’s needs. Courts now expressly consider factors such as “the mental and physical health of all individuals involved” and the ability of parents to cooperate when determining parenting arrangements.

Spousal Support Guidelines Reform: Illinois updated its spousal maintenance (alimony) laws to provide clearer guidelines. Since 2018, a statutory formula applies to divorcing couples with a combined gross income under $500,000 (up from the previous $250,000 threshold). This expansion means many more cases use a formula to calculate support, reducing litigation over amounts. The duration of maintenance awards is now calculated with a year-by-year percentage formula based on the length of the marriage (rather than broad ranges), ensuring more tailored support periods for marriages of different lengths. Notably, following federal tax changes, Illinois no longer permits “unallocated” support (combined child support and alimony in one payment) – maintenance and child support must be handled separately. Courts retain discretion to deviate from guidelines in high-income cases or if the formula would be inequitable, but the default formulas have brought predictability.

Equitable Asset Division and Valuation: Illinois remains an equitable-distribution state, dividing marital property fairly (not necessarily 50/50). Recent amendments have clarified how to value assets. Courts must use fair market value as of the trial date (or another agreed date) when assigning a value to marital assets. This ensures that fluctuations in market prices (for homes, investments, etc.) are accounted for, rather than using outdated valuations. The law permits experts to appraise complex assets, with costs split by the parties, to achieve a fair division. Illinois also updated laws to address specific asset issues – for example, pet custody: as of 2018, judges can consider the well-being of a companion animal in a divorce property settlement. Pets are no longer treated like a piece of furniture; if a pet is marital property, the court may award “custody” of the pet to the spouse who has been the primary caretaker in the pet’s best interest. This reflects a modern view of pets as family members.

Procedural Updates and Other Statutory Changes: The Illinois Marriage and Dissolution of Marriage Act (IMDMA) has been tweaked to improve fairness during the process. One 2022 change allows a spouse in a divorce to petition for interim attorney’s fees from the other spouse – essentially asking the court to make the wealthier party advance funds so both sides can afford legal representation. This helps level the playing field when one spouse controls most finances. Another recent addition permits a parent to seek court permission to relocate with a child during divorce proceedings (before the case is final), if the move is in the child’s best interest. Previously, moves were often frozen until final judgment; now a judge can weigh the child’s needs and allow a move (for example, for a job opportunity or family support) on a temporary basis. Additionally, Illinois law now requires appointment of a Court Appointed Special Advocate (CASA) in divorce or parentage cases involving allegations of child abuse or neglect in smaller counties. The CASA acts as a voice for the child’s best interests, ensuring that abused or neglected children have an advocate in court. All of these legislative updates aim to make the divorce process more responsive to real-life issues – from financial imbalances to mobility and child safety concerns – reflecting current societal values.

Notable Case Law Shaping Family Law

Recent Illinois court decisions have interpreted and refined these laws, providing guidance on how statutes play out in real cases. Some key appellate and Supreme Court rulings include:

• In re Marriage of Dahm-Schell (Ill. Sup. Ct. 2021): This Illinois Supreme Court decision clarified the definition of “income” for purposes of support. The court held that even funds from a non-marital inheritance counted as income when calculating child support or spousal maintenance obligations
• In re Marriage of Fatkin (Ill. Sup. Ct. 2019): In this landmark relocation case, the Illinois Supreme Court emphasized the deference given to trial courts in child relocation disputes. In Fatkin, a father with primary parenting time was permitted by the trial court to move out-of-state (from Illinois to Virginia) with the children; the mother opposed the move. The appellate court had reversed that decision, but the Supreme Court reinstated it, praising the trial judge’s thorough analysis of the children’s best interests
• Burmood v. Anderson (Ill. App. 2d Dist. 2023): This recent appellate case also dealt with relocation, but within Illinois. A mother sought to move from the Naperville area to Galesburg with the child, which the trial court denied. The Appellate Court reversed, finding the denial against the manifest weight of the evidence
• In re Marriage of Amyette (Ill. App. 3d Dist. 2023): This case provided insight on prenuptial agreements and spousal support. The ex-wife had signed a premarital agreement waiving any maintenance (alimony), but at the time of divorce she was in dire financial straits due to circumstances that unfolded over the long marriage. The court applied the “undue hardship” exception in Illinois’ Uniform Premarital Agreement Act, refusing to enforce the maintenance waiver

These cases (among others) illustrate how Illinois courts are interpreting divorce laws in real-life scenarios – expanding what counts as income, affirming trial court discretion in child-related matters, and tempering strict agreements with equitable considerations. The appellate courts have also issued numerous unpublished orders and decisions on issues like business valuation, dissipation of assets, and parental rights, continually refining Illinois family law. Overall, recent case law trends toward ensuring outcomes that genuinely serve equity and the best interests of children, even if it means deviating from formulas or agreements in exceptional situations.

Technology’s Impact on Divorce Proceedings

Technological advancements are increasingly affecting how Illinois divorces are litigated and settled – from the evidence that comes before the court to the tools lawyers and judges use. Key impacts include:

• Digital Evidence and Social Media: The rise of social media and smartphones has introduced a trove of electronic evidence in divorce cases. Illinois attorneys report that social media posts are now routinely used as evidence – one survey found 81% of divorce attorneys nationally had presented social media evidence in court
• Electronic Filing and Virtual Hearings: The court system itself has adopted technology to streamline proceedings. Since January 1, 2018, Illinois requires mandatory e-filing for all civil cases, including divorces
• AI and Legal Tech Tools: The latest frontier is the use of artificial intelligence in legal practice. Lawyers are beginning to leverage AI-driven tools for tasks like document review, legal research, and even drafting settlement agreements. In late 2024, the Illinois Supreme Court acknowledged this trend by issuing a policy explicitly authorizing the use of generative AI by attorneys, judges, and court staff as long as it complies with legal ethics and accuracy standards

Technology’s impact on Illinois divorces is thus twofold: it provides new forms of evidence that courts must reckon with, and it offers new tools to make the legal process more efficient. Both aspects require the legal system to adapt – ensuring that digital evidence is properly handled and that the use of tech maintains due process. So far, Illinois has been proactive in integrating technology into family law, to the benefit of litigants.

Financial and Economic Trends in Divorce

Divorce does not happen in a vacuum – broader economic conditions often influence how settlements are negotiated and decided. Lately, financial trends such as inflation, real estate market shifts, and employment changes have had a notable impact on Illinois divorces:

• Impact of Inflation on Support and Assets: The recent surge in inflation has raised the cost of living, which in turn affects divorce finances. Spousal support and child support orders are set in fixed dollar amounts, based on the standard of living during the marriage, but inflation can erode their real value over time
• Real Estate and Housing Market Considerations: Real estate is often the largest asset in a divorce, and recent housing market trends have influenced divorce negotiations. In the past few years property values in many Illinois areas have risen significantly. This increase in home equity can be a double-edged sword: it means there is more value to divide (potentially allowing one spouse a larger buyout sum), but it can also make it harder for one spouse to keep the house. For example, if a marital home’s value shot up, the spouse wishing to keep it must somehow compensate the other for their share – which might require refinancing the mortgage to pull out cash. With current high interest rates, refinancing has become far more expensive than it was a few years ago. As a result, some spouses find they cannot afford the mortgage payments alone at today’s rates, leading them to sell the house and split proceeds instead of one person keeping it. Conversely, if a couple does sell in a hot market, they may walk away with substantial proceeds that then need to be divided and potentially used to secure new housing for each party. Judges factor in these housing costs when approving settlements, especially if children are involved and each parent needs suitable housing for the kids. Additionally, if the real estate market is uncertain or declining, couples might disagree on the timing of a sale – one may want to sell immediately, while the other hopes to wait for a rebound. Illinois courts can and do reserve jurisdiction to adjust property distribution if an asset sale (like a house) is to occur later, ensuring each party eventually gets their fair share of the actual sale price. Another trend is the recognition of property tax and maintenance costs on the marital home: a spouse who keeps the house not only gets an asset but also the associated expenses. In an era of rising property taxes (particularly in Illinois, known for high property taxes) and costly home repairs, negotiators account for these ongoing costs. This might result in, say, a slightly larger share of liquid assets to the spouse not keeping the house, to balance the financial burden of homeownership on the other. Overall, the real estate climate – prices and interest rates – has become a crucial backdrop for divorce decisions. Parties and courts aim for creative solutions (sale vs. buyout, co-owning for a period, etc.) that make economic sense in the current market.
• Employment Patterns and Income Changes: Economic shifts in employment also play a significant role in divorce outcomes. The COVID-19 pandemic and its aftermath saw many individuals change jobs, experience layoffs, or transition to remote work. In Illinois, if a spouse loses a job or has a significant drop in income, that will directly affect support calculations or potentially trigger a modification to an existing order. For example, the loss of a high-paying job could constitute a “substantial change in circumstances” allowing a reduction in spousal or child support (provided the job loss was not intentional)

Social and Cultural Shifts in Divorce

Changing social norms and attitudes have also left their mark on Illinois divorce practice. Modern divorces increasingly reflect collaborative philosophies, pragmatic planning, and attention to family well-being beyond the legal bottom line. Noteworthy social and cultural trends include:

• Alternative Dispute Resolution (ADR) on the Rise: There is a clear trend toward settling divorces outside the courtroom through mediation, collaborative law, and other ADR methods. Illinois has actively encouraged this shift. In fact, the state enacted the Collaborative Process Act in 2018, which formally recognized collaborative divorce as a distinct legal process and set guidelines for it
• Prenuptial Agreements Becoming Commonplace: The stigma that once surrounded prenuptial agreements (“prenups”) has significantly diminished, and they are on the uptick, especially among younger generations. Millennials and Gen Z are marrying later and often coming into marriage with established careers, assets, or debts (like student loans), and they tend to view prenups as a smart form of financial planning rather than a cynical bet against the marriage. National surveys have noted a sharp increase in couples requesting prenups – one poll by Harris/Axios found 41% of Gen Z respondents (age 18–25) who are engaged or newly married had signed or were open to signing a prenup. In Illinois, family lawyers report more couples drafting prenuptial (and even postnuptial) agreements to set terms on property division and support in case of divorce
• Mental Health and Well-Being in Custody Decisions: There is a growing recognition of the role mental health plays in divorce, particularly in determinations of parental fitness and child custody. Illinois’ child custody statute (allocation of parental responsibilities) explicitly lists “the mental and physical health of all individuals involved” as one of the factors in deciding a child’s best interests

Conclusion: Illinois divorce law is continually adapting to reflect contemporary realities. The legislative reforms of the past decade have modernized the framework – embracing no-fault divorce, updating financial formulas, and centering child welfare in custody. Courts have followed through with case law that emphasizes fairness, deference to trial-level fact-finding in family matters, and flexibility when justice requires it. Technology has introduced both new challenges (like managing social media evidence) and efficiencies (like e-filing and AI tools) that the Illinois legal community is proactively managing. Economic forces like inflation and housing trends directly shape the outcomes and strategies in divorce settlements, requiring financial savvy and sometimes creative agreements. Culturally, there’s a clear movement toward amicable resolution and mindful consideration of personal well-being – seen in the popularity of mediation and the focus on mental health. An Illinois divorce in 2025 looks quite different from one a generation ago: it is more likely to be no-fault, settled out of court with a detailed parenting plan, informed by digital evidence, and structured with an eye toward future financial stability.

Both the public and legal professionals benefit from understanding these emerging trends. For the general public, it means expectations around divorce are changing – cooperation is encouraged and resources exist to support families through the transition. For legal practitioners, staying abreast of new laws, cases, and technologies is crucial to effectively advocate for clients. Illinois, like many states, is striving to make the divorce process more humane, efficient, and equitable. By blending statutory innovation with case-by-case wisdom, the state’s approach to divorce continues to evolve so that it can better serve the needs of modern families.